Absolute Invalidity of Legal Actions and Trial of Relevant Lawsuits Pursuant to the Albanian Civil Procedural Legislation and Jurisprudence

Abstract

Purpose of work: The Civil Code of the Republic of Albania provides no terms with regard to the validity of the legal action; however it sets forth the circumstances (legal facts) causing invalidity of legal actions. The purpose of this work is to analyze the essential elements of the legal action, which lack and ambiguity leads to action nullity. On the other hand, this work intends to present the interaction between material and procedural law and case-law with regard to the trial of those lawsuits dealing with absolute invalidity of legal actions. Research method: The methodology employed in this work relies on surveying and analyzing methods. Given its characteristics, this work is based on the qualitative methods to analyze the main elements of legal actions, which lack results in invalidity to nullity of such actions. The qualitative method includes the descriptive and interpretative method for trying lawsuits related to absolute invalidity of legal actions. Results: This work will give a clear picture of the concept of absolute invalidity of legal action and its trial pursuant to the Albanian procedural legislation and jurisprudence. Conclusions: Through this study we intend to make a deeper analysis on the absolute invalidity of legal actions, the causes of such invalidity and its trial pursuant to the procedural legislation and jurisprudence.